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CISG
number

LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

G. Report of the First Committee
[Outline of committee proceedings]
Document A/CONF.97/11 [Original: English 7 April 1980]

(. . .)

16 Article 14 [became CISG article 16 ]

A. UNCITRAL text [1978 draft]
B. Amendments
C. Proceedings in the First Committee
D. Subsequent proceedings
E. Overview comments

A. UNCITRAL text

1. The text [of the 1978 draft ] of the United Nations Commission on International Trade Law provided as follows:

"Article 14 [became CISG article 16 ]

"(1) Until a contract is concluded an offer may be revoked if the revocation reaches the offeree before he has dispatched an acceptance.

"(2) However, an offer cannot be revoked:

"(a) if it indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable, or

"(b) if it was reasonable for the offeree to rely upon the offer as being irrevocable and the offeree has acted in reliance on the offer."

[Go to Secretariat Commentary on the above text]

[See also pre-Conference observations and proposals by Governments and International Organizations]

B. Amendments

2. Amendments were submitted to article 14 [became CISG article 16 ] by United Kingdom (A/CONF.97/C.1/L.48) and German Democratic Republic (A/CONF.97/C.1/L.84).

3. These amendments were to the following effect:

Paragraph (1).

(i) United Kingdom (A/CONF.97/C.1/L.48):

Revise paragraph (1) of article 14 [became CISG article 16 ] to read as follows:

"Until a contract is concluded, an offer addressed to one or more specific persons may be revoked if the revocation reaches the offeree before he has dispatched an acceptance. An offer other than one addressed to one or more specific persons is revoked when the revocation is published in the same way as the offer."

[Rejected: see Consideration, 5, below.]

(ii) German Democratic Republic (A/CONF.97/C.1/L.84):

Paragraph (1) should be revised as follows:

"An offer may be revoked if the revocation reaches the offeree before he has either dispatched an acceptance or the contract is concluded by other means."

[Adopted: see Consideration, 5, below.]

Paragraph (2).

United Kingdom (A/CONF.97/C.1/L.48):

Revise subparagraph (a) of paragraph (2) to read as follows:

"(a) if, and to the extent that, it indicates that it is irrevocable. The stating of a fixed time for acceptance does not of itself indicate that an offer is irrevocable;"

[Rejected: see Consideration, 6, below.]

C. Proceedings in the First Committee

4. The First Committee considered article 14 [became CISG article 16 ] at its 9th meeting on 17 March 1980 [see also 35th meeting of First Committee].

(ii) Consideration

Paragraph (1).

5. At the 9th meeting, the amendment by the United Kingdom (A/CONF.97/C.1/L.48) was rejected. The amendment by the German Democratic Republic (A/CONF.97/C.1/L.84) was adopted and referred to the Drafting Committee, and the UNCITRAL text adopted.

Paragraph (2).

6. At the 9th meeting, the amendment by the United Kingdom (A/CONF.97/C.1/L.48) was rejected by 7 votes in favour and 31 against, and the UNCITRAL text adopted.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 16, go to Plenary Conference 6th meeting (continued)]

[E. Overview Comments]

[English translation of report on the significance of the deliberations on this article at the Diplomatic Conference: prepared by Peter Schlechtriem, based on notes taken at the conference and published shortly thereafter]

(. . .)

Pace Law School Institute of International Commercial Law - Last updated September 8, 2000

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